"Aerosol can" means a non-refillable receptacle containing a
gas compressed, liquefied, or dissolved under pressure, the sole purpose of
which is to expel a liquid, paste, or powder, and fitted with a self-closing
release device allowing the gas to eject the contents.
"Ampule" means an airtight vial made of glass, plastic,
metal, or any combination of these materials.
"Battery" means a device consisting of one or more
electrically connected electrochemical cells that is designed to receive,
store, and deliver electric energy. An electrochemical cell is a system
consisting of an anode, cathode, and an electrolyte, plus such connections
(electrical and mechanical) as may be needed to allow the cell to deliver or
receive electrical energy. The term battery also includes an intact, unbroken
battery from which the electrolyte has been removed.
"Destination facility" means a facility that treats, disposes
of, or recycles a particular category of universal waste, except those
management activities described in Sections
733.113(a) and
(c) and
733.133(a) and
(c). A facility at which a particular
category of universal waste is only accumulated is not a destination facility
for purposes of managing that category of universal waste.
"FIFRA" means the Federal Insecticide, Fungicide, and
Rodenticide Act (7 USC 136 through
136y).
"Generator" means any person, by site, whose act or process
produces hazardous waste identified or listed in 35 Ill. Adm. Code 721 or whose
act first causes a hazardous waste to become subject to regulation.
"Lamp" or "universal waste lamp" is defined as the bulb or
tube portion of an electric lighting device. A lamp is specifically designed to
produce radiant energy, most often in the ultraviolet, visible, or infrared
regions of the electromagnetic spectrum. Common examples of universal waste
electric lamps include, but are not limited to, fluorescent, high intensity
discharge, neon, mercury vapor, high pressure sodium, and metal halide
lamps.
"Large quantity handler of universal waste" means a universal
waste handler (as defined in this Section) that accumulates 5,000 kilograms or
more total of universal waste (batteries, pesticides, mercury-containing
equipment, lamps, or aerosol cans, calculated collectively) at any time. This
designation as a large quantity handler of universal waste is retained through
the end of the calendar year in which the 5,000-kilogram limit is met or
exceeded.
"Mercury-containing equipment" means a device or part of a
device (including thermostats, but excluding batteries and lamps) that contains
elemental mercury integral to its function.
"On-site" means the same or geographically contiguous
property that may be divided by public or private right-of-way, provided that
the entrance and exit between the properties is at a cross-roads intersection,
and access is by crossing as opposed to going along the right of way.
Non-contiguous properties, owned by the same person but connected by a
right-of-way that that person controls and to which the public does not have
access, are also considered on-site property.
"Pesticide" means any substance or mixture of substances
intended for preventing, destroying, repelling, or mitigating any pest or
intended for use as a plant regulator, defoliant, or desiccant, other than any
article that fulfills one of the following descriptions:
It is a new animal drug under section 201(v) of the Federal
Food, Drug and Cosmetic Act (FFDCA) (21 USC
321(v)), incorporated by
reference in 35 Ill. Adm. Code
720.111;
It is an animal drug that has been determined by regulation
of the federal Secretary of Health and Human Services under FFDCA section
512(j) (21 USC
360b(j)), incorporated by
reference in 35 Ill. Adm. Code
720.111(c),
to be an exempted new animal drug; or
It is an animal feed under FFDCA section 201(w)
(21 USC
321(w)), incorporated by
reference in 35 Ill. Adm. Code
720.111(c),
that bears or contains any substances described in either of the two preceding
paragraphs of this definition.
BOARD NOTE: The second exception of corresponding
40 CFR
273.6 reads as follows: "Is an animal drug
that has been determined by regulation of the Secretary of Health and Human
Services not to be a new animal drug." This is very similar to the language of
section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
(7
USC 136(u)). The three
exceptions, taken together, appear intended not to include as "pesticide" any
material within the scope of federal Food and Drug Administration regulation.
The Board codified this provision with the intent of retaining the same meaning
as its federal counterpart while adding the definiteness required under
Illinois law.
"Small quantity handler of universal waste" means a universal
waste handler (as defined in this Section) that does not accumulate 5,000
kilograms or more total of universal waste (batteries, pesticides,
mercury-containing equipment, lamps, or aerosol cans, calculated collectively)
at any time.
"Thermostat" means a temperature control device that contains
metallic mercury in an ampule attached to a bimetal sensing element and
mercury-containing ampules that have been removed from such a temperature
control device in compliance with the requirements of Section
733.113(c)(2)
or
733.133(c)(2).
"Universal waste" means any of the following hazardous wastes
that are subject to the universal waste requirements of this Part:
Batteries, as described in Section
733.102;
Pesticides, as described in Section
733.103;
Mercury-containing equipment, as described in Section
733.104;
Lamps, as described in Section
733.105;
and
Aerosol cans, as described in Section
733.106.
"Universal waste handler" means either of the
following:
A generator (as defined in this Section) of universal waste;
or
The owner or operator of a facility, including all contiguous
property, that receives universal waste from other universal waste handlers,
accumulates universal waste, and sends universal waste to another universal
waste handler, to a destination facility, or to a foreign destination.
Universal waste handler does not mean:
A person that treats (except under Section
733.113(a) or
(c) or
733.133(a) or
(c)), disposes of, or recycles (except under
Section
733.113(e)
or
733.133(e))
universal waste; or
A person engaged in the off-site transportation of universal
waste by air, rail, highway, or water, including a universal waste transfer
facility.
"Universal waste transfer facility" means any
transportation-related facility including loading docks, parking areas, storage
areas, and other similar areas where shipments of universal waste are held
during the normal course of transportation for ten days or less.
"Universal waste transporter" means a person engaged in the
off-site transportation of universal waste by air, rail, highway, or
water.